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HomeMy WebLinkAboutPD-259-90 j _°'XI" } .� TOWN OF NEWCASTLE .1 "- DN: VICTORIA.GPA REPORT F le # Res. # — -- -�• By-Law # MEETING: General Purpose and Administration Committee DATE: Tuesday, September 4, 1990 REPORT #: PD-259-90 FILE #: 18T 88061 SUBJECT: APPLICATION FOR .SUBDIVISION APPROVAL VICTORIA WOODS DEVELOPMENT CORPORATION INC. PART LOT 26 AND 27, CONCESSION 1, FORMER TOWNSHIP OF CLARKE FILE: 18T 88061 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-259-90 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle recommends approval of the Draft Plan of Subdivision 18T-88061, as revised in red, subject to the conditions of draft approval contained in Attachment No. 1 to this report; 3 . THAT the Mayor and Clerk be authorized, by By-law, to execute the Subdivision Agreement between Owner of the proposed Draft Plan of Subdivision 18T 88061 and the Town of Newcastle at such time as an Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development 4 . THAT the "Holding (H) " symbol be removed by By-law upon execution of the Subdivision Agreement; and 3. THAT a copy of this report be forwarded to the Region of Durham and the interested parties listed in this report. 1. APPLICATION DETAILS 1. 1 Applicant: Victoria Woods Development Corporation Inc . 1.2 Plan of Subdivision: Seeking approval for a plan of subdivision proposing the creation of 349 single family dwelling lots with a minimum frontage of 15 metres . REPORT NO. : PD-259-90 PAGE 2 1. 3 Area: 56 . 832 hectares ( 140 .43 acres) including 24 .831 hectares (61. 35 acres) retained by the Owner for future development. 2 . BACKGROUND 2 . 1 In August of 1988, the Town of Newcastle Planning and Development Department received an application submitted by Ed VanHaverbeke to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 in order to permit a three hundred and fourteen (314) unit plan of subdivision consisting of one hundred and eighty-six (186) single family dwellings, one hundred and four ( 104) apartments and twenty- four (24) townhouses . 2 .2 On August 11, 1988, the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application for approval of a plan of subdivision and an application to amend the Town of Newcastle Official Plan in order to implement the aforementioned development. 2 .3 A Public Meeting was held on November 21, 1988 with respect to the subject applications at which time three area residents spoke in opposition to the proposed zoning by-law amendment and the proposed official plan amendment, both of which would have permitted high density residential development. In addition a petition signed by 28 area residents was submitted to the Planning and Development Department which stated concerns over the nature of the development and the density of the development. 2 .4 Following Council resolution, the applicant subsequently held a meeting with the residents on January 24, 1989 in an attempt to address the concerns of the area residents . The application was subsequently revised on several occasions and the application now proposes the creation of three hundred and forty nine (349) single family dwellings with twenty-two (22) reserve blocks, which when A 6 . . . .3 REPORT NO. : PD-259-90 PAGE 3 developed with abutting properties, will eventually create an additional twenty (20) single family dwellings for a total of three hundred and sixty-nine (369) single family dwellings . As the latest reivsed plan of subdivision, conforms to both the Official Plan and the Zoning By-law, both the related Official Plan Amendment application (OPA 88-69/N) and the related Zoning By-law Amendment application (DEV 88-87) were subsequently closed. 2 . 6 The proposal is situated on a 56 . 83 hectare ( 140.43 acre) parcel located south of Highway # 2, east of Beaver Street but is more formally described as Part of Lot 26 and 27, Concession 1, in the former Village of Newcastle. 3. OFFICIAL PLAN CONFORMITY 3. 1 Within the Durham Regional Official Plan, the subject lands are designated "Residential" . The primary use of lands so designated shall be for residential purposes . In view of the foregoing, the application would appear to comply with the Durham Regional Official Plan. 3 .2 Within the Town of Newcastle Official Plan, the subject property is located in the 1 B Neighbourhood. The Planning and Development Department has determined, after reviewing the applicable policies of the Official Plan, that residential development within the 1 B Neighbourhood can occur at a density of 9 .7 units per gross residential hectare in order to maintain the target population. The proposed draft plan of subdivision has a gross area of 32. 181 hectares (79 .52 acres) which equates to a density of 11.46 units per gross residential hectare which is slightly higher than the neighbourhood average. 3. 3 Nevertheless, the nature of the existing development in the 1B Neighbourhood results in a much lower density than permitted by the Official Plan. Therefore, the Planning and Development Department is of the opinion that permitting a slightly higher density per � 4 / . . . .4 REPORT NO. : PD-259-90 PAGE 4 gross residential hectare on the subject property does not offend the intent of the Town of Newcastle Official Plan and maintains the target population of 1850 persons . 3 . 4 In view of the foregoing, the application would appear to comply with the Town of Newcastle Official Plan. 4 . ZONING BY-LAW CONFORMITY 4. 1 The Town of Newcastle Comprehensive Zoning By-law 84-53 zones the subject property in part "Holding - Urban Residential Type One ( (H)R1) " and in part "Environmental Protection (EP) " . The applicant intends to residentially develop that portion of the subject property zoned Holding - Urban Residential Type One ( (H) R1) and retain that portion of the subject property zoned Environmental Protection (EP) . Therefore, as the proposal conforms to the Town of Newcastle Comprehensive Zoning By-law, an amendment to the zoning by-law is not required. 5 . AGENCY COMMENTS 5. 1 The application for a proposed Plan of Subdivision was circulated to various agencies by the Durham Regional Planning Department. Subsequently, the Town of Newcastle undertook a limited internal circulation. The following provides a brief summary of comments received to date. 5 .2 The Town of Newcastle Community Services Department has reviewed the subject application and has no objection to its approval subject to the provision of certain regulatory conditions . Firstly, that Block 372 be accepted as parkland dedication. Secondly, that the applicant/owner satisfy the Director of Community Services, financially and otherwise. 5. 3 The Town of Newcastle Public Works Department has reviewed the subject application and offers no objection to the proposal subject to the provision of several regulatory conditions . REPORT NO. : PD-259-90 PAGE 5 5 .4 The Ministry of Natural Resources noted that the subject property is traversed by Graham Creek which provides habitat for sensitive coldwater fish species such as brown trout and Pacific Salmon. However, subject to the provision of several regulatory conditions, the Ministry of Natural Resources has no objection to the proposal. 5 .5 The Northumberland and Newcastle Public School Board advised that the proposed subdivision would generate approximately 106 students at Newcastle Public School. The School Board feels that this level of growth cannot be accommodated by present plans but further states that the Board's objection will be reconsidered when a more comprehensive accommodation study is prepared. 5 . 6 The balance of the circulated agencies which have provided comments were the Town of Newcastle Fire Department, Newcastle Hydro Electric Commission, Ontario Hydro, Regional Health Department, Separate School Board, Ganaraska Region Conservation Authority and Ministry of Transportation. None of the aforementioned agencies/departments have provided objectionable comments with respect to the subject applications. 6 . STAFF COMMENTS 6 . 1 The subject application proposes the creation of three hundred and forty-nine (349) single family dwelling lots and twenty-two (22) reserve blocks which will eventually be developed for a total of three hundred and sixty-nine (369) single family dwellings . All of the proposed lots comply with the minimum 15 metre lot frontage requirement and the minimum lot area requirement of the Town of Newcastle Comprehensive Zoning By-law 84-63 . 6 .2 In addition, the applicant proposes that the Town accept Block 372, containing 2 .57 hectares (6 . 35 acres) , as parkland dedication. Since the size of the subject property being developed is 32 .181 hectares (79 .52 acres) , the Municipality is entitled, as a right, to obtain 5% of the subject property which equates to approximately � � 9 . . . .6 REPORT NO. : PD-259-90 PAGE 6 1. 61 hectares (3 .98 acres) . Therefore, the applicant has over- dedicated approximately . 96 hectares (2 . 37 acres) of parkland to the Municipality. 6 . 3 From a planning perspective, the proposed plan of subdivision is logical and facilitates the extension of Edward Street in accordance with the Town of Newcastle Official Plan. Furthermore, the application facilitates the opening of the unopened road allowance between former Township of Clarke Lots 26 and 27 in accordance , with comments received from the Ministry of Transportation. 6 .4 Moreover, the applicant has been sensitive to the needs and concerns of the area residents and the surrounding area. The net result is a revised plan of subdivision which is compatible with the nature of residential development in Newcastle Village and a density of 12 .6 units per net residential hectare which maintains the integrity of the Town of Newcastle Official Plan. 6 .5 The Planning and Development Department note for the Committee's information that the applicant has proposed to retain Blocks 373 and 374 . The majority of these two Blocks are located outside of the urban area and currently have an "Environmental Protection (EP) zoning. In addition, the applicant has retained approximately 15 metres (49 .21 ft. ) of frontage along the Edward Street extension between lots 15 and 16 so as not to landlock Blocks 373 and 374. Staff note for the Committee's information that the Ministry of Natural Resources has, as a condition of draft approval requested that Block 373 and 374 be retained in the Environmental Protection (EP) zoning. Staff note that the Environmental Protection (EP) zoning would permit limited non-residential uses such as a greenbelt park, a golf course, a driving range, bird sanctuaries or a wildlife reserve. JJO " "7 REPORT NO. : PD-259-90 PAGE 7 6 .6 Finally, the Planning and Development Department has red-lined the proposed plan of subdivision in order to remove the walkway between lots 65 and 66 . The walkway is not required by the Town since access to the proposed park (Block 372) can be accommodated internally. 7 . CONCLUSION 7 . 1 In consideration of the comments contained within this report, the Planning and Development Department would have no objection to the approval of the proposed Plan of Subdivision, subject to the conditions of draft approval as contained in Attachment No. 1 annexed hereto. 7 .2 It is noted that the Director of Community Services Department will be presenting a confidential report pertaining to land exchange with Victoria Wood Development which will have an implication on the approval of this Plan of Subdivision. In view of this, it is suggested the Committee deal with the confidential Report first prior to dealing with this subdivision. Respectfully submitted, Recommended for presentation to the Committee G Franklin Wu, M.C. I .P. Lawrenc Kotseff Director of Planning Chief Az nistrative and Development Officer WM*FW*cc *Attach 28 August 1990 . . . . 8 REPORT NO. : PD-259-90 PAGE 8 Interested parties to be notified of Council and Committee's decision: Bill Creamer Norm Petherick D. G. Biddle and Associates 89 Edward Street 96 King Street East NEWCASTLE, Ont. LOA 1HO OSHAWA, Ontario L1H 1B6 Ralph Kerekesch Gerald Armstrong Alcorn and Associates 2025 Sheppard Ave. E. , 100 Allstate Parkway WILLOWDALE, Ont. M2J 1V7 Suite 302 MARKHAM, Ontario L3R 6H3 Leonard Ursini 150 Ashbridge Circle WOODBRIDGE, Ontario L4L 1A5 DN: VICTORIA.DRA CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-88061 prepared by D. G. Biddle and Associates Ltd. dated February 1990 (and further revised in red as per the attached plan) showing Lots 1 to 349 inclusive for single family detached dwellings, Block 372 for park, and various blocks for reserve, road widening, site triangle etc. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Town of Newcastle and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Town as amended from time to time. 5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 6. That the Owner shall retain a qualified landscape architect to prepare and submit a Park Site Master Plan to the Director of Community Services for review and approval. The said Plan shall reflect the design standard of the Town as amended from time to time. 7. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Town's Design Criteria as amended from time to time. 8. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of planning and Development for review and approval. Removal of trees prior to the approval of the tree preservation plan may void all approvals granted by the Town. . . . .2 -2- -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISIONIAGREEMENT (CONT'D) 9. That a storm water management report be prepared for the watershed as a whole and submitted for review and approval and that this proposal address all requirements of the report to the satisfaction of the Director of Public Works. 10. That the owner/applicant submit a detailed traffic study addressing the storage lane requirements, etc. at Highway No. 2 to the satisfaction of the Director of Public Works. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 11. That the Owner shall enter into a Subdivision Agreement with the Town and agree to abide by all terms and conditions of the Town's standard subdivision agreement, including, but not limited to, the requirements that follow. 12. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. 13. That the Owner shall dedicated Block 372 for park purposes and further agrees to provide for tree planting, play equipment, fencing, sodding etc. in accordance to the park Site Master Plan at no cost to the municipality. No building permit, above and beyond twenty-five percent (25%) of the entire subdivision, will be issued by the Town if the park is not completed to the satisfaction of the Director of Community Services. 14. That the Owner shall pay to the Town, at the time of execution of the Subdivision Agreement, development charge levy and any other charges in effect at the time of execution and further agrees to abide by the Town's payment schedule as amended from time to time. 15. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. 16. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 17. That the Owner shall provide the Town, at the time of execution of the subdivision agreement, Letters of Credit acceptable to the Town's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Town. -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 18. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Ministry of the Environment and the Town of Newcastle. 19. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 20. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 21. That the Owner agrees that the oversizing of park Block 372 is not subject to compensation by the Town. 22. That the park block 372 be developed in accordance with the requirements of the Town's standard subdivision agreement and be Master Planned with the abutting School Board property to the satisfaction of the Director of Community Services, financially and otherwise. 23. That all works be completed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. 24. That the owner/applicant be required to reconstruct Edward Street, from the west limit of the project to Regional Road 17, to full urban collector status matching that of Edward Street within the development. All cost relating to such are to be the responsibility of the owner/applicant. 25. That the owner/applicant address the existing deficiency of the Arthur Street/ Highway No. 2 intersection and that approvals for the intersection improvements be obtained from the Ministry of Transportation and submitted to the Director of Public Works for his review. . . .4 �� � 5 -4- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 26. That lands immediately east of Beaver Street be dedicated to the Town from the existing properties to provide for a minimum right-of-way of 20.0 metres on Edward Street. 27. That contributions be made to the Town for future sidewalk and streetlighting requirements on Highway No. 2 for Lots 96, 97 and 98. 28. That the Owner/Applicant agrees that no building permits will be issued for Lots 297 and 298 and Blocks 369. 370 and 371 until the abutting future roadway has been constructed to the satisfaction of the Director of Public Works. 29. That the owner/applicant provide for a sidewalk and streetlighting link on Highway No. 2 from Arthur Street westerly to existing sidewalks near Beaver Street, to the satisfaction of the Director of Public Works. 30. That the existing laneway west of Lots 279 to Block 371 be closed and conveyed in accordance with Town policy. 31. That the existing road allowance between former Township of Clarke Lots 26 and 27 be closed and conveyed in accordance with Town policy except where such road allowance is required to form part of the proposed road allowance. 32. That 0.3 m reserves be dedicated to the Town on side flankages of Lots 289, 290, 151F 16, Block 361, Lot 144, 112, 111 and all other side flankages where proposed super mailboxes are to be located. 33. That the applicant/owner satisfy all the requirements of the Ganaraska Region Conservation Authority, financially and otherwise. 34. That the applicant/owner satisfy all the requirements of the Ministry of Natural Resources, financially and otherwise. 35. That the applicant/owner satisfy all the requirements of the Ministry of Transportation, financially and otherwise. DRAFT PLAN OF PROPOSED SUBDIVISION 1111110 PART OF LOT 26 AND 27,CONCESSION I OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE I pI TOWN OF NEWCASTLE (FORMERLY THE VILLAGE OF NEWCASTLEs REGIONAL MUNICIPALITY OF DURHAM l� BEAVER STREET •"'^ i - � •r �� ` • 4 w ma ME qLw .. ... 0• /